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Bombay High CourtCAO/560/2019ca disposed off

Shri Udebhan S/O Bajirao Galbale And Another v. Sukhdeo S/O Bajirao Galbale (Dead) Through Lrs. Meghawarna Sukhdeo Galbale And Others

2023-01-16Hon'Ble Smt. Justice M. S. Jawalkar2 pages

01.CAO 957.17 in MCAst. 13632.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 560 OF 2019 I N CIVIL APPLICATION (CAO) NO. 957 OF 2017 IN MISC. CIVIL APPLICATION (ST.) NO. 13632 OF 2017 (Restoration) IN REJ. MISC. CIVIL APPLICATION NO. 545 OF 2017 IN SECOND APPEAL NO. 443 OF 2002 Shri Udebhan S/o. Bajirao Galbale and anr.

...VERSUS...

Sukhdeo S/o. Bajirao Galbale (dead) thr. LRs. Meghawarna Sukhdeo Galbale and ors. ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri V.R.Thote, Advocate for appellant no. 2. Shri Yash Maheshwari, Advocate for respondent nos. 1(a), 2(a) to 2(c), 3(a) to 3(c) & 4 and 8.

CORAM

:

SMT. M. S. JAWALKAR, J.

DATE :

th JANUARY , 2023 The present application is filed for condonation of delay in filing application for bringing the legal heirs of appellant no. 1 on record and setting aside abatement.

2.

It appears that, for want of knowledge about the legal procedure, no application was moved earlier for bringing the legal heirs of appellant no. 1 on record. There is delay of 317 days. As such, application is allowed. Delay in filing application for bringing the legal heirs of appellant no. 1 on record is hereby condoned and abatement is set aside.

3.

Accordingly, the application stands disposed of.

01.CAO 957.17 in MCAst. 13632.17 CIVIL APPLICATION (CAO) NO. 2255 OF 2018 The present application is filed for bringing the legal heirs of appellant no. 1 on record. The names of legal heirs of appellant no. 1 are mentioned in para no. 1 of the present application. 2.

For the reasons stated in the application, application is allowed. Permission is granted to bring the names of legal heirs of appellant no. 1 on record as the right to sue survives. Accordingly, the application stands disposed of.

3.

Necessary amendment to be carried out within one week. 4.

List the matter on 23/01/2023.

(Smt. M.S. Jawalkar, J.) B.T.Khapekar